Case Summary
The petitioner filed a petition under Kerala Building Lease And Rent Control Act seeking eviction of the respondent due to rent arrears and subletting of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondent and payment of rent arrears with interest
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner successfully proved the rent arrears and that the respondent sublet the property to third parties, violating the terms of the agreement.
The petitioner successfully proved the rent arrears and that the respondent sublet the property to third parties, violating the terms of the agreement.
Judgment Evidence:
Point No. 5: In the view of the aforesaid discussions,i hold a view that the petitioner is entitled for an order u/s 11(2)(b) and 11(4)(i) of the Kerala Building (Lease and Rent Control)Act,1965 and he is not entitled for an order u/s 11(3) and 11(4)(iii) of the Kerala Building (Lease and Rent Control)Act, 1965.
Parties Involved
Plaintiffs
Sakkariya (47 years)
Tharammal House, Fathima Manzil, Rayirimangalam Amsom, Tanur Nagaram desom, Tirur Taluk
Defendants
Abdullakkutty (48 years)
Menothil Pooparambil House, Puthuppalli amsom Maravantha desom, Tirur Taluk
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondent and payment of rent arrears with interest
Evidence:
The petitioner successfully proved the rent arrears and that the respondent sublet the property to third parties, violating the terms of the agreement.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Established terms of the rental agreement.
Reference:
A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice regarding rent arrears and eviction.
Reference:
A2
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
Evidence of rental payments.
Reference:
B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report on subletting of property.
Reference:
C1, C3